Elizabeth Fox of Scalford 1875 Will
Leicestershire, Leicester and Rutland Archives DE 462/18 page 105
This is the last Will and Testament of me Elizabeth the Wife of William Fox of Scalford aforesaid Tailor
First I direct all my just debts funeral and testamentary expences to be fully paid
Whereas by Indentures of Lease and Release bearing date the twenty third and twenty fourth days of December One thousand eight hundred and thirty nine made between Thomas Cross of the First part the said William Fox of the second part myself the said Elizabeth Fox (by my then maiden name of Elizabeth Goodson) of the Third part and Edward Henry Maior Clarke and George Marriot the younger of the Fourth part being a Settlement made previous to my Marriage with my said Husband the said William Fox a certain sum of Five hundred and eighty four Pounds then belonging to me was by me with the privity of my said intended Husband bargained assigned and set over unto the said Edward Henry Maior Clarke and George Marriott their executors administrators and assigns upon the Trusts intents and purposes therein and hereinafter mentioned that was to say That they the said Edward Henry Maior Clarke and George Marriott and the Survivor of them his executors administrators and assigns should and would when they come into possession of the said sum of Five hundred and eighty four Pounds place the same out on good security or securities at Interest and pay such Interest as the same might become due unto the said Elizabeth Goodson (notwithstanding her coverture) during her life and that the same should not be subject to the debts or engagements of the said William Fox her intended Husband and that her receipt alone should be at all times sufficient discharges to the said Trustees their executors administrators and assigns as to all other persons who were or should be liable to pay the same and from and after the decease of the said Elizabeth Goodson Then upon Trust to pay the same Interest unto the said William Fox and his assigns during the Term of his natural life and from and after his decease Then as to the said principal Sum of Five hundred and eighty four pounds and Interest then due thereon upon and for such Uses intents and purpose as she the said Elizabeth Goodson (notwithstanding her coverture) should by any deed in writing or by her last Will and Testament in writing duly executed direct limit appoint give or devise the same and in default of any such direction limitation or appointment gift or devise Then to the use of Richard Goodson Samuel Goodson John Goodson and Ann Kemp the Brothers and Sister of the said Elizabeth Goodson their executors administrators and assigns in equal shares and proportions
Now I the said Elizabeth Fox in conformity with the above power reserved to my do make and ordain this to be my last Will and Testament And Whereas since the making of the above recited deed of Settlement I have lost some portion of the above mentioned sum of Five hundred and eighty four Pounds in consequence of having deposited a part thereof in the Bank of Messrs Clarke Mitchell Phillips and Smith at Leicester which afterwards failed and which has reduced that above mentioned trust monies to the sum of Five hundred and Thirty Pounds or thereabouts And whereas my brother Samuel Goodson has since departed this life without issue Now I do hereby give and devise the said Sum of Five hundred and thirty Pounds Unto the said Edward Henry Maior Clarke and George Marriott and the survivor of them his executors administrators and assigns to and for the Trusts intents and purposes hereinafter mentioned that is to say
Upon Trust that they the said Edward Henry Maior Clarke and George Marriott and the Survivor of them his executors administrators and assigns do and shall pay the Interest and yearly income arising therefrom unto my husband the said William Fox and his assigns for and during the term of his natural life as directed in the before recited Indenture of Settlement And from and after his decease Then that they the said Edward Henry Maior Clarke and George Marriott and the survivor of them his executors administrators and assigns do and shall pay and divide the said sum of Five hundred and thirty Pounds unto and equally amongst my brothers and sister the said Richard Goodson John Goodson and Ann Kemp their executors administrators and assigns and in case of the death of any or either of my said Brothers or Sister before his her or their share or shares shall become due and payable leaving lawful issue Then and in that case I direct the Share or Shares of him her or them so dying to be paid to and divided equally amongst such issue share and share alike
And Whereas I have particularly instructed and directed my said Trustees Edward Henry Maior Clarke and George Marriott to advance out of the before mentioned sum of Five hundred and thirty Pounds unto my brother Richard Goodson on his Promissory Note of hand the sum of One hundred and sixty Pounds now I do hereby further direct that it shall be lawful for my said Trustees and I do hereby direct them to allow the said sum to remain on such security after my decease and during the lifetime of my husband the said William Fox (unless the said Richard Goodson shall previously wish to pay off the said note of hand) provided he the said Richard Goodson shall regularly pay the interest thereon half yearly or yearly as my said Trustees may require the same But in case the said Richard Goodson shall neglect or Fail to pay such Interest to my said Trustees or the Survivor of them his Executors administrators or assigns regularly as the same shall become due then and in that case I do hereby expressly direct that it shall be lawful for them to call in and enforce the payment of the principal sum of One hundred and sixty Pounds or any part thereof and all arrears of Interest that may be due thereon
Provided and I do hereby expressly order and direct that it shall be lawful for my said Trustees and the Survivor of them his executors and administrators to continue all or any part of the said Trust monies and premises upon the same securities as the same shall at my decease be invested and that when and as the monies invested on the securities at the time of my decease shall at any time thereafter be paid off then that they my said Trustees and the Survivor of them his Executors and administrators shall afterwards invest the same during the lifetime of my said Husband in their or his names or name on Government or real securities and alter and vary the same from time to time as they in their discretion shall deem proper and advisable
And I do hereby further declare that my said Trustees hereby appointed and each of them their executors administrators and assigns shall be charged and chargeable for such monies only as they respectively shall actually receive by virtue of the Trusts hereby reposed in them notwithstanding their joining in giving or signing any receipts for the sake of conformity nor one for the other but each for his own acts and defaults only neither shall they be answerable for any loss or diminution in the said Trust monies or any part thereof in consequence of the failure of any Banker or Broker or other person in whose hands all or any part of the said Trust monies may be placed for safe custody and that it shall be lawful for them out of the monies that may come to their hands to retain and reimburse themselves all costs and charges they or either of them may sustain expend or be put unto in or about the execution of the Trusts of this my Will
And Lastly I do hereby nominate and appoint the said Edward Henry Maior Clarke and George Marriott the younger Trustees and Executors of this my last Will and Testament hereby revoking all others by me at any time heretofore made
In Witness whereof I the said Elizabeth Fox the Testatrix have to this my last Will and Testament written on three sheets of paper to each of which I have set my hand this eleventh day of March One thousand eight hundred and forty eight
E Fox
Signed Published and declared by the said Elizabeth Fox the Testatrix as and for her last Will and Testament in the presence of us who have at her request in her presence and in the presence of each other at the same time set our hands as Witnesses
William Kirk of Scalford Grazier
John King of Melton Mowbray Tailor
Proved at Leicester the eighteenth day of February 1875 by the Oath of Edward Henry Maior Clarke the surviving Executor to whom Administration was granted limited to all such personal estate and effects as the deceased by virtue of a certain Indenture of Settlement bearing date the twenty fourth day of December 1839 had a right to appoint or dispose of and has in and by her said Will appointed or disposed of accordingly, but no further or otherwise
The Testatrix Elizabeth Fox (Wife of William Fox Tailor) was late of Scalford in the County of Leicester and died on the sixteenth day of March 1848 at Scalford aforesaid
Under £600